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BALOG AND OTHERS v. HUNGARY

Doc ref: 54563/21;19802/22;24984/22;26149/22;31047/22;31589/22;31999/22;33329/22;33406/22 • ECHR ID: 001-222516

Document date: December 8, 2022

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BALOG AND OTHERS v. HUNGARY

Doc ref: 54563/21;19802/22;24984/22;26149/22;31047/22;31589/22;31999/22;33329/22;33406/22 • ECHR ID: 001-222516

Document date: December 8, 2022

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 54563/21 Bertalan BALOG against Hungary and 8 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 8 December 2022 as a Committee composed of:

Krzysztof Wojtyczek , President , Ivana Jelić, Erik Wennerström , judges ,

and Attila Teplán, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and their representatives is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Hungarian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Hungary in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above ‑ mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 12 January 2023.

Attila Teplán Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of criminal proceedings)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under well ‑ established case-law

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

54563/21

14/10/2021

Bertalan BALOG

1966Szkalka Tamás

Budapest

10/05/2022

08/11/2022

2,700

19802/22

07/04/2022

László KOZSLA

1958Karalyos Botond Zsolt

Debrecen

04/11/2022

02/11/2022

5,200

24984/22

11/05/2022

Zsolt SIMON

1972Szabó Noémi Anna

Budapest

08/11/2022

10/10/2022

2,000

26149/22

18/05/2022

József KOSARAS

1981Kiss Dániel Bálint

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

10/11/2022

23/09/2022

2,600

31047/22

20/06/2022

Tamás MOLNÁR

1972Borsos Tamás

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

26/10/2022

15/09/2022

7,800

31589/22

22/06/2022

György József LÁNG

1964Kiss Gabor H

Budapest

14/11/2022

11/10/2022

2,600

31999/22

23/06/2022

Sándor PÁSZTOR

1967Ésik Sándor

Budapest

28/09/2022

11/10/2022

6,500

33329/22

22/06/2022

Valéria BORSOS

1977Kiss Gabor H

Budapest

14/11/2022

11/10/2022

3,300

33406/22

Ervis KRUJA

1987Kiss Dániel Bálint

Budapest

Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings

18/11/2022

14/10/2022

2,600

[1] Plus any tax that may be chargeable to the applicants.

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